Judge: Mark C. Kim, Case: NC061639, Date: 2022-08-04 Tentative Ruling

Case Number: NC061639    Hearing Date: August 4, 2022    Dept: S27

1.     Background Facts

Plaintiff, Eversoft, Inc. dba HD Chem filed this action against Defendants, Gary Erlandson and Butler Chemicals, Inc. for damages arising out of Erlandson’s alleged taking of trade secrets from Plaintiff and using them in his employment with competing company, Butler.  Erlandson filed a cross-complaint against Eversoft for employment-based claims.    

2.     Motion in Limine #6

Erlandson seeks an order precluding Eversoft from “referencing and/or enforcing the unlawful non-compete provision in Eversoft’s Employment Agreement.”  Eversoft opposes the motion, arguing (a) the provision can be enforced to the extent Erlandson violated it DURING his employment with Eversoft, and (b) the provision can be enforced to the extent Erlandson violated Eversoft’s trade secrets after his employment concluded.

Erlandson, in reply, appears to concede that the agreement is enforceable to the extent it is applied to conduct that occurred DURING his employment.  See reply, page 7, lines 2-3.  Erlandson’s motion, however, seeks to preclude Eversoft from making ANY mention of the agreement.  The motion is therefore denied as improperly overbroad. 

Erlander is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.